Posted on 08/13/2008 9:18:38 AM PDT by rednesss
SAN DIEGO -- Charges were filed Tuesday against an off-duty San Diego police officer who shot an 8-year-old boy and his mother during a traffic dispute.
District Attorney Bonnie Dumanis made the announcement Tuesday in connection with the March 15 shooting involving Officer Frank White, 28. He was charged with one felony count of gross negligent discharge of a firearm with two enhancements for great bodily injury and one misdemeanor count of exhibiting a firearm. The charges carry a maximum sentence of nine years in prison.
White surrendered to authorities in Vista and pleaded not guilty to the charges. He came to court in a suit with his wife by his side. White maintains that he did nothing wrong in the apparent road-rage incident. He is not in custody and has been released on his own recognizance.
White was driving his personal car when he and Rachel Silva nearly collided in Oceanside. Witnesses say Silva responded aggressively, tailing White and his wife to a parking lot at a Lowe's Home Improvement Store.
White told investigators that he fired after Silva backed up, sideswiping his car. He said he did not see her son in the car. White fired five shots into Rachel Silva's car, striking her twice in the arm and her son once in the knee.
"Based on the evidence and the law, these charges are appropriate," said Dumanis, who declined to answer questions at a brief news conference.
White's attorney, Richard Pinkard told NBC 7/39 his client did nothing wrong.
"At this point, based on statements that have been provided to us, our client's conduct as reasonable under the circumstances. Obviously that's the pivotal issue in this controversy," he said.
According to search warrants filed in the case, White said he displayed his handgun but only began shooting after Silva sideswiped his SUV as she reversed past him. White's wife, a police dispatcher, was in the car.
The San Diego police officer was put on paid administrative leave after the shooting. The district attorney's office did mention that this is only the second time in more than 20 years that an officer has been charged in an officer-involved shooting.
Silva's attorney said he was satisfied with the charges.
Tests showed Silva had a blood-alcohol level nearly twice the legal limit. The 27-year-old pleaded not guilty this month to felony child endangerment. Silva -- who has two drunken driving convictions from last year -- faces up to six years in state prison. Lawyers for her son filed a complaint in federal court in May claiming police were inadequately screened, trained and disciplined.
A readiness hearing in White's case will be held on Aug. 26. The preliminary hearing is scheduled for Sept. 17.
The post is an oversimplification of what the woman did and her background. (even the bleeding heart St. Atty Gen.) threw the book at her.
Find and read the entire story to this.
yep we should all be glad some cop hasn’t decided to shoot us and just shut the heck up.
Find and read the entire story to this."
Oh I have. So are you saying that crimes committed against less than stellar citizens should just be a mulligan???? If a stripper is raped she should just get over it???
Assumed. Why she was shot has yet to be proven in court. More than stupid. She put her child in jeopardy following an unknown person in an unknown car to an unknown place alone and intoxicated. Child endangerment.
“And I have very little sympathy for drunk drivers, myself. Same here, however I don’t think police should start summary executions of suspected drunk drivers."
Neither do I. Nor do I believe that the actions of a drunk are rational or their testimony very trustworthy.
"My “almost hit” was in reference to the near traffic accident before pulling into the parking lot. Statements indicated he pulled his gun BEFORE she sideswiped him. He shot her AFTER being sideswiped as she was attempting to drive away."
So she did hit him. Before he shot her. Which is the less of deadly force?
Here in California, you just don't follow some guy to a parking lot with a child in the car whilst angry and intoxicated. It could go bad. I'd also suggest to her: Don't piss into the wind. Don't walk down a dark alley in a bikini in Compton. Use a condom. Don't mess around with Jim. Don't drink the water in Mexico. If she had been sober and thinking straight, none of this would have happened. And we wouldn't have a little boy with a bullet in him.
Fine, let a court decide and go judge dredd on her.
I hope they do. Keep her drunken butt off the damn streets.
She hit his car, she did not hit him. There is a difference.
“I hope they do. Keep her drunken butt off the damn streets.”
He’s the one facing 9 years. Which is only about 30 years too little IMO.
“If she had been sober and thinking straight, none of this would have happened. And we wouldn’t have a little boy with a bullet in him.”
This is a perfect example of why I’m rapidly losing respect for cops. Blaming the victim for their own out of control egos.
It also wouldn’t have happened if he hadn’t opened fire without cause.
http://www.nbcsandiego.com/slideshow/news/15619943/detail.html
and since he shot from his vehicle into hers, he did not start shooting until she was passing him. Passengerside window then front windshield.
http://www.nbcsandiego.com/slideshow/news/15904630/detail.html
looks like some hole in the cops story to me
From the pictures at these locations I do not see any vehucle damage. I the officers story correct. Also the bullet holes are in the one in the side windoew and for in the front, so the vehicle was past him and not a threat.
http://www.nbcsandiego.com/slideshow/news/15904630/detail.html
http://www.nbcsandiego.com/slideshow/news/15619943/detail.html
Don't cherry-pick. If you have another source that adds to the story, reveal it so we can all form an educated opinion rather than having us make responsive statements only to be slammed to the floor with facts only you seem to know.
I just don’t agree with that opinion. We don’t know the entire story (well, REDNESSS might but he ain’t sharing), but we do know the mom has a history of driving drunk and was tested at twice the legal level with a kid in the car. That’s not a victim. That’s a criminal. Have a great day, drift.
“I didn’t see anything in the story that says the officer was not tested, “
Its been reported in other stories. He wasn’t tested despite having shot two people. Any non-cop involved in a shooting would be tested.
Do what I did, take that respect and give it to firefighters. They still run into burning buildings and don't complain about having a "dangerous" job. They also haven't fought legal battles all the way to the SCOTUS in order to have it pronounced that the police do not have a duty to protect individuals, only a general societal obligation. See Warren v. D.C.
“That’s not a victim. That’s a criminal. Have a great day, drift.”
She may be guilty of drunk driving, that has not been decided in court. Most likely she was drunk or under the influence.
As far as I know that is not a capital offense in California.
Again, all he knew when he opened fire was that she was driving erratically and was angry. He did not have her blood tests nor did he know her criminal history.
That’s my same take. I am just not getting the picture here — or not the same one they’re getting.
I guess we shouldn’t these details deter us.
Right again.
“Do what I did, take that respect and give it to firefighters. “
I can live with that plan.
Well if you'd bother to go to the link at the NBC site, you'd see no less than 20 links to previous stories involving this case at the bottom of the story. Do I need to come over and click your mouse for you too????
These pictures are not the best but I see no damage to the cars, so is the officers story true
http://www.nbcsandiego.com/slideshow/news/15904630/detail.html
http://www.nbcsandiego.com/slideshow/news/15619943/detail.html
A poster with a clue.
Since the entire story was not posted, the perp looks like the victim.
With the laundry list of her background, and her child endangerment which probably wasn’t the first time, the officer deserves commendation.
He didn’t see the boy through the tented windows but though the boy was shot in the leg, compared what the mother has been doing right along, the officer probably saved the boy’s life by getting her behind bars
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